Raj Kumar Mistri v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.10900 of 2015 ===========================================================

1. Raj Kumar Mistri, son of Late Brahmdeo Mistri, resident of village+P.O.- Abgita, Block- Islam Nagar, Aliganj, District- Jamui, presently posted as Peon in 10+2 High School, Arrah, Block- Islam Nagar, Aliganj, District- Jamui. .... .... Petitioner/s

Versus

1. The State of Bihar through the Principal Secretary, Department of Education, Government of Bihar, Patna.

2. The Director, Secondary Education, Bihar, Patna.

3. The Regional Deputy Director of Education, Munger Division, Munger.

4. The District Education Officer, Jamui.

5. The District Programme Officer (Secondary Education), Jamui.

6. The Incharge Headmaster, 10+2 High School, Arrah, Block- Islam Nagar, District- Jamui.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Respondent/s : Mr. SUNIL KR. MANDAL, SC 24 =========================================================== CORAM: HONOURABLE MR. JUSTICE AJAY KUMAR TRIPATHI ORAL JUDGMENT Date: 20-06-2016 Writ is required to be dismissed because the Court does not find anything illegal in the reasoning and rationale provided in Annexure-2 for compelling the petitioner to superannuate after having worked for 42 years. The facts indicate that the appointment of the petitioner was per say violative of all settled canons of law and principle because a minor cannot be engaged or appointed on any post even though it was done by a private managing committee at the relevant time. The private managing committee has no special

Patna High Court CWJC No.10900 of 2015 dt.20-06-2016 status to violate law and statute of the land. Writ application is dismissed.

(Ajay Kumar Tripathi, J) R.K.Pathak/- AFR/NAFR NAFR CAV DATE Uploading Date 20/06/2016 Transmission Date